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(영문) 인천지방법원 부천지원 2015.04.30 2015고단560
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 29, 2014, at KRW 02:10, the Defendant committed assault, such as breaking up the clothes and parts of D on the Gap's own floor, when the police officer D, who belongs to the House 2 Team of the House 2 Team of the Seocheon-si Police Station, Seocheon-si, Seocheon-si, Seocheon-si, B 402 reported on the occurrence of domestic violence, demanded voluntary movement after confirming the assault by the Defendant.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal investigations.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of each of the Acts and subordinate statutes governing the place of service;

1. Article 136 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendation [decision of type] The sentencing criteria for crimes of obstruction of performance of official duties, the obstruction of performance of official duties, and the first category [the scope of recommendation] (the scope of recommendation), six months to one year and four months (basic area).

2. Determination of sentence: Imprisonment with prison labor for six months, suspended sentence for two years, community service work 40 hours, the fact that the accused acknowledges and reflects his mistake, the accused has no criminal conviction for the same kind of offense, and other things, such as the age, character and conduct of the accused, circumstances after crimes, etc., shall be determined in the same manner

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